DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4567-08
12 February 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 February 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record, and applicable
statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 27 January 1967, you were inducted into the Marine Corps at
age 21 after an honorable period of service in the Marine Corps
Reserve. On 21 March 1967, you reported to the Staging
Battalion at Camp Pendleton to await orders. On 18 April 1967,
you began an unauthorized absence (UA) and missed the movement
of your unit when you failed to comply with your orders. On
19 April 1967, you surrendered, but it appears that no
disciplinary action was taken for these offenses. On
25 May 1967, you began another UA and missed the movement of
your unit when you failed to comply with a different set of
orders. On 22 June 1967, you surrendered at Keesler Air Force
Base and were subsequently hospitalized. On 19 June 1967, you
had nonjudicial punishment for the 27 day period of UA and
missing the movement of your unit.
On 22 September 1967, a medical board found that you had a
longstanding emotionally unstable personality and recommended
discharge. In connection with this processing, you
acknowledged the medical board's finding and recommendation.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated
administrative separation by reason of convenience of the
government due to unsuitability. In connection with this
processing, you would have acknowledged the separation action
and that characterization of service would be determined as
warranted by your service record. Apparently, the separation
authority approved the recommendation and directed a general
discharge by reason of convenience of the government due to
unsuitability. On 3 October 1967, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
service in the Marine Corps Reserve, and desire for an
honorable discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your service in the Marine Corps. In this regard,
characterization of service for members who are discharged by
reason of convenience of the government is determined by their
conduct, actions, and proficiency and conduct marks assigned on
a periodic basis. Minimum acceptable proficiency and conduct
marks of 3.8 and 4.0, respectively, were required to form the
basis for a fully honorable characterization of service. You
did not receive proficiency marks after you were inducted into
the Marine Corps, but you do have a conduct mark average of
3.0. Given your misconduct and failure to attain the conduct
mark average required for a fully honorable characterization of
service, the Board found that your service warranted a general
characterization of service. The Board noted that you were
fortunate to have received a general discharge by reason of
convenience of the government, since your misconduct met the
administrative requirements for an undesirable discharge.
Therefore, the Board concluded that the discharge was proper as
issued and no change is warranted. Accordingly, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board also noted that as a result of your general
characterization of service in the Marine Corps, you may be
eligible for veterans' benefits. You should contact the
nearest office of the Department of Veterans Affairs if you
desire clarification about your eligibility for those benefits.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
2
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
. rd, Medina
ROBERT D. SALMAN
Acting Executive Director
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